Bill Text: MI SB1084 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Administrative procedure; rules; review of rules by JCAR; provide procedures for rules submitted at end of legislative session. Amends sec. 45a of 1969 PA 306 (MCL 24.245a).

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2014-09-23 - Referred To Committee On Government Operations [SB1084 Detail]

Download: Michigan-2013-SB1084-Introduced.html

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SENATE BILL No. 1084

 

 

September 23, 2014, Introduced by Senators PAPPAGEORGE, CASWELL, SCHUITMAKER, COLBECK and HANSEN and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1969 PA 306, entitled

 

"Administrative procedures act of 1969,"

 

by amending section 45a (MCL 24.245a), as amended by 2011 PA 245.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 45a. (1) Except as otherwise provided in subsections (7)

 

to (9), after the committee has received the a notice of

 

transmittal specified in under section 45(2), the committee has 15

 

session days in which to consider the rule and to object to the

 

rule by filing a notice of objection approved by a concurrent

 

majority of the committee members or the committee may, by

 

concurrent majority, waive the remaining session days. If the

 

committee waives the remaining session days, the clerk of the

 

committee shall promptly notify the office of regulatory

 

reinvention of the waiver by electronic transmission. The committee

 

may only approve a notice of objection if the committee

 

affirmatively determines by a concurrent majority that 1 or more of

 

the following conditions exist:

 

     (a) The agency lacks statutory authority for the rule.

 

     (b) The agency is exceeding the statutory scope of its rule-

 

making authority.

 

     (c) There exists an emergency relating to the public health,

 

safety, and welfare that would warrant disapproval of the rule.

 

     (d) The rule conflicts with state law.

 

     (e) A substantial change in circumstances has occurred since

 

enactment of the law upon on which the proposed rule is based.

 

     (f) The rule is arbitrary or capricious.

 

     (g) The rule is unduly burdensome to the public or to a

 

licensee licensed by the rule.

 

     (2) If the committee does not file a notice of objection

 

within the time period prescribed in subsection (1) or if the

 

committee waives the remaining session days by concurrent majority,

 

the office of regulatory reinvention may immediately file the rule,

 

with the certificate of approval required under section 45(1), with

 

the secretary of state. The rule takes effect immediately upon its

 

filing on being filed with the secretary of state unless a later

 

date is indicated within in the rule.

 

     (3) If the committee files a notice of objection within the

 

time period prescribed in subsection (1), the committee chair, the

 

alternate chair, or any member of the committee shall cause bills

 

to be introduced in both houses of the legislature simultaneously.

 

Each house shall place the bill or bills directly on its calendar.

 

The bills shall must contain 1 or more of the following:

 

     (a) A rescission of a the rule upon on its effective date.

 

     (b) A repeal of the statutory provision under which the rule

 

was authorized.

 

     (c) A bill staying stay of the effective date of the proposed

 

rule for up to 1 year.

 

     (4) The A notice of objection filed under subsection (3) (1)

 

stays the ability of the office of regulatory reinvention to file

 

the rule with the secretary of state until the earlier of the

 

following:

 

     (a) Fifteen session days after the notice of objection is

 

filed under subsection (3).(1).

 

     (b) The date of the rescission of the issuance of the notice

 

of objection, approved by a concurrent majority of the committee

 

members. The committee may meet to rescind the issuance of the

 

notice of objection under this subdivision. If the committee

 

rescinds the issuance of a notice of objection under this

 

subdivision, the clerk of the committee shall promptly notify the

 

office of regulatory reinvention by electronic transmission of the

 

recission.rescission.

 

     (5) If the legislation introduced under subsection (3) is

 

defeated in either house and if the vote by which the legislation

 

failed to pass is not reconsidered in compliance with the rules of

 

that house, or if legislation introduced under subsection (3) is

 

not adopted by both houses within the time period specified in

 

subsection (4), the office of regulatory reinvention may file the

 

rule with the secretary of state. The rule takes effect immediately

 

upon its filing on being filed with the secretary of state unless a

 

later date is specified within in the rule.

 

     (6) If the legislation introduced under subsection (3) is

 

enacted by the legislature and presented to the governor within the

 

15-session-day period, the rule does not take effect unless the

 

legislation is vetoed by the governor as provided by law. If the

 

governor vetoes the legislation, the office of regulatory

 

reinvention may file the rule with the secretary of state

 

immediately. The rule takes effect 7 days after the date of its

 

filing it is filed with the secretary of state unless a later

 

effective date is indicated within in the rule.

 

     (7) An agency may withdraw a proposed rule under the following

 

conditions:

 

     (a) With permission of the committee chair and alternate

 

chair, the agency may withdraw the rule and resubmit it. If

 

permission to withdraw the rule is granted, the 15-session-day time

 

period described in subsection (1) is tolled until the rule is

 

resubmitted. , except that After resubmission, the committee shall

 

have at least has the remainder of the 15-session day period or 6

 

session days, after resubmission whichever is longer, to consider

 

the resubmitted rule.

 

     (b) Without permission of the committee chair and alternate

 

chair, the agency may withdraw the rule and resubmit it. If

 

permission to withdraw is not granted, a new and untolled 15-

 

session-day time period described in subsection (1) shall begin

 

upon begins on resubmission of the rule to the committee for

 

consideration.

 

     (8) Subsections (1) to (5) do not apply to rules adopted under

 

sections 33, 44, and 48.

 

     (9) An agency shall withdraw any rule pending before the

 

committee at the final adjournment of a regular session held in an

 

even-numbered year and resubmit that the rule. A new and untolled

 

15-session-day time period described in subsection (1) shall begin

 

upon begins on resubmission of the rule to the committee for

 

consideration.

 

     (10) An agency shall withdraw any rule if a notice of

 

objection to the rule is filed under subsection (1) and if the

 

legislature finally adjourns at the end of the regular session in

 

an even-numbered year within 15 session days after the date the

 

notice of objection is filed. The agency may resubmit the rule. A

 

new and untolled 15-session-day period described in subsection (1)

 

begins on resubmission of the rule to the committee for

 

consideration.

 

     (11) (10) As used in this section only, "session day" means a

 

day in which both the house of representatives and the senate

 

convene in session and a quorum is recorded.